H 5058 General Bill, By  House Judiciary
 A Bill to enact the School Safety and Juvenile Justice Reform Act of 1994
 including provisions to amend the Code of Laws of South Carolina, 1976, by
 directing the Department of Juvenile Justice to develop a long-term plan for
 the provision of services to juvenile offenders.-short title

   04/12/94  House  Introduced, read first time, placed on calendar
                     without reference
   04/27/94  House  Debate adjourned HJ-36
   04/27/94  House  Special order, set for Tues. 4/26/94 after
                     uncontested calendar (Under H 5169) HJ-102
   04/27/94  House  Amended HJ-117
   04/27/94  House  Read second time HJ-171
   04/28/94  House  Read third time and sent to Senate HJ-323
   05/03/94  Senate Introduced and read first time SJ-15
   05/03/94  Senate Referred to Committee on Judiciary SJ-15

AMENDED

April 27, 1994

H. 5058

S. Printed 4/27/94--H.

Read the first time April 12, 1994.

1. Estimated Cost to State-First Year$ See Below

2. Estimated Cost to State-Annually

Thereafter$ See Below

The South Carolina Department of Juvenile Justice (DJJ) estimates the following impact to the General Fund of the State.

Section 3 allows for waiver to the South Carolina Department of Corrections (SCDC) for Class A, B, C, and D felonies. These adult sentenced offenders would stay an average of about 689 days or five months longer than current practice. If these fourteen and fifteen year-olds are sent to DJJ as adult sentenced inmates the following assumptions can be made.

# of Juveniles 160

# of Days x 536

# of Commitment Days 85,760

Average Daily Cost x $85

Allocated Costs $7,289,600

# of Juveniles 160

# of Days x 689

# of Commitment Days 110,240

Average Daily Cost x $85

Allocated Daily Cost $9,370,400

$9,370,400 - $7,289,600 = $2,080,800 Additional Operating Costs

Section 3 also would allow waiver of 14 or older for assault and battery of a high and aggravated nature. Under current legislation, juveniles stay about one year for this particular offense. This legislation would increase the amount of time spent at DJJ institutions for 14 and 15 year-olds sentenced to incarceration while decreasing the amount of time for sixteen year-olds. There are approximately 51 juveniles per year who meet this criteria within DJJ.

# of Juveniles 51

# of Days x 365

# of Commitment Days 18,615

Average Daily Cost x $85

Allocated Costs $1,582,275

# of Juveniles 11

# of Days x 912.50

# of Commitment Days 10,037.5

Average Daily Cost x $85

Allocated Daily Cost $853,187.5

# of 15 Year Old 17

# of Days 547.5

# of Commitment Days 9,307.5

Average Daily Cost x $85

Allocated Costs $791,137.5

# of 16 Year Old 23

# of Days 182.5

# of Commitment Days 4,197.5

Average Daily Cost x $85

Total Cost $2,001,112.5

$2,001,112 - $1,582,275 = $418,837 Additional Operating Costs

Section 6 gives Family Court judges the authority to impose a two year determinate sentence for juveniles adjudicated delinquent for violent offenses. Currently, DJJ annually receives 33 juveniles meeting the criteria of this legislation and their current average stay is estimated at 320 days.

# of Juveniles 33

# of Days x 320

# of Commitment Days 10,560

Average Daily Cost x $85

Allocated Costs $ 897,600

# of Juveniles 33

# of Days x 730

# of Commitment Days 24,090

Average Daily Cost x $85

Allocated Daily Cost $2,047,650

$2,047,650 - $897,600 = $1,150,050 Additional Operating Costs

Juvenile Crime Bill additional total operating costs to the DJJ is estimated at $3,650,362

Division III, Section 59-63-32 is amended by adding Subsection (G) to require that before a child may be enrolled in a public school, the adult seeking to enroll the child must provide school information so that a permanent record may be obtained from the previous school. No significant impact to the General Fund of the State is anticipated as a result of this amendment.

Division III, Section 59-66-10 requires schools to keep disciplinary records for students that must follow the student through school. No additional fiscal impact to the general fund is anticipated as this may be accomplished within existing resources.

Division III, Section 59-66-20 requires funding to be awarded to school districts which choose to employ safety coordinators. Each county may be awarded for not more than one position, and for fiscal year 1995-96 the award may not exceed $25,000 except for distressed counties which are to receive an additional $5,500 for the same year. An award to school districts under this program is contingent upon a district or group of districts jointly matching the state grant with an equal amount of funds and in kind contributions.

YEAR IYEAR II

1995-961996-97

Estimated Costs:

Safety Coordinators $1,150,000$1,150,000

(46 counties x $25,000)

Distressed Counties 99,000 99,000

(18 counties x $5,500)

TOTAL COSTS $1,249,000$1,249,000

Division III, Section 59-66-30 requires that each public middle, junior high and high school to be equipped with one hand-held metal detector. Maintenance after initial purchase can be absorbed within existing resources.

YEAR I

1994-95 only

Estimated Costs:

Metal Detectors with Back Pack $ 72,000

(480 Schools x $150)

Training 72,000

(480 Schools x $150)

TOTAL COSTS $ 144,000

Division III, Section 59-66-40 requires the State Board of Education through the Department of Education to establish additional minimum requirements for planning and construction of public school facilities that promote the prevention and intervention of violent incidents. The Department of Education states that related building costs cannot be determined until these regulations have been developed.

Division III, Section 59-66-50 requires the Department of Education to develop or modify curriculum for teaching peaceful conflict resolution and non-violent living to students in all grades of public schools by July 1, 1996. This curriculum shall be taught to all students in all grades beginning with the 1996-97 school year.

The curriculum and training requirements would have to be developed in fiscal year 1994-95 to provide for implementation in school year 1996-97. Training could begin for school administrators and teachers during the following year provide for implementation in school year 1996-97.

YEAR IYEAR II

1994-951995-96

ESTIMATED COSTS:

Development of Curriculum & Training $300,000

Training - School Administrators $30,000

Training - Teachers 1,500,000

TOTAL COSTS $300,000$1,530,000

Division III, Section 59-66-60 requires the Department of Education to develop and pilot test alternative educational programs in school years 1995-96, 1996-97, and 1997-98. By December 1, 1995, the department must establish procedures for evaluating these pilots. An independent evaluation must be presented to the General Assembly at the end of the three year pilot-testing. Based upon the independent evaluation, alternative educational programs must be implemented for all school districts beginning with school year 1998-99 on a multi-district or multi-county basis over a three year period.

The alternative school model provides for a self-contained alternative school operating in a separate facility or location since this school is to serve students that are serious threats to the safety and security of the regular school program. Pilot cost estimates are based on the current model used for the Target 2000 dropout grants. A staff of four would be required for the first year of operations, and increase to a staff of eight in the second year as students are identified and enrolled in the alternative program. The independent evaluation will need to be designed and implemented prior to start-up of the pilots. Ten pilots would be needed in order to ensure representation of the various geographic regions of the State, urban and rural settings, various size student populations, various socio-economic populations and areas with different incidences of juvenile crime.

Statewide implementation costs are based on the assumption that the evaluation will call for little adjustment to the pilot programs. For the purpose of statewide implementation and this analysis, an alternative school program would be implemented in all 46 counties, although each alternative school could serve multiple districts depending on the distance from home the student must travel to attend. Districts could coordinate enrollment activities to best serve the students and schools. Transportation to and from the alternative educational program has not been addressed within this legislation.

YEAR IYEAR II

1995-961996-97

ESTIMATED COSTS:

Alternative School-Recurring

Teachers $150,000$ 300,000

Other Operating 50,00050,000

Alternative School-Non-Recurring

Building and Equipment 150,000

TOTAL COSTS PER SCHOOL$ 350,000

TOTAL COSTS FOR 10 PILOTS $3,500,000$3,500,000

1994-951995-96

Independent Evaluation $ 50,000$ 50,000

Article III, Section 59-66-310 requires each school and school district to have an approved comprehensive safety plan by January 1, 1996. Section 59-66-340 (A) further requires that each school and district safety plan include programs and strategies designed to: (1) prevent disruptions to a safe school environment; (2) result in an appropriate, planned intervention during incidents endangering the safety of students and adults; (3) restore equilibrium to the school or district or both after the immediate crisis event has passed.

The Schoolhouse Safety Resource Center as established under Section 59-66-390 will provide technical assistance to develop both district and individual school plans. The Safety Coordinator, as established by Section 59-66-20, would be able to facilitate the development of these plans. Nominal expenses would be incurred for notices of public meetings, committee work, and printing.

Article III, Section 59-66-390 requires the Department of Education to establish a Schoolhouse Safety Resource Center.

COST ESTIMATES: Year IYear II

1994-951995-96

FTE Job Title Salary

1.00 Educ Assoc III $49,068

.50 Data Mgmt &

Research Analyst II 25,183

1.00 Admin Spec B 19,137

Total Salaries $ 93,388$ 93,388

Employer Contributions 22,80022,800

Other Operating 18,67718,677

TOTAL COSTS $134,865$134,865

Division IV, Section 1 provides for a three year pilot project for school-based counseling services to be established jointly by the Department of Mental Health and the Department of Education. The pilot project must begin on July 1, 1994 and end on July 1, 1997. The pilot project must serve at least 14 schools during the first year. The services must include, but are not limited to: (1) a child-focused counseling clinic; (2) training, consultation, and support programs for school staff.

The Department of Mental Health (DMH) is responsible for providing mental health counselors, student interns, a supervisor position for the project in the Division of Children, Adolescents and Their Families (within DMH) and basic travel and operating expenses.

Staff support for an advisory committee shall be furnished by DMH. The legislation is silent as to whether the committee would receive per diem and travel.

Under this proposed legislation, the local schools are responsible for providing appropriate office space and furniture for the mental health personnel. It cannot be assumed that each pilot school would have adequate space and furniture to support the school-based counselling services. The cost to provide this space should average $5,000 or $70,000 for fourteen sites. Approximately one-half of this would be used to provide monthly operating costs such as telephone, utilities, supplies, and travel.

Medicaid federal funds are to be used to offset state expenditures to the maximum extent possible. No estimate of the offset can be determined until such time as eligibility populations and services are identified.

The Department of Mental Health shall submit a final independent evaluation of the pilot projects to the General Assembly no later than May 1, 1997. If the pilot testing is proven successful, the school-based counseling services shall be implemented statewide in all public middle and junior high schools over a three year phase-in period beginning with the 1997-98 school year. Throughout the statewide phase-in, the programs shall continue to be evaluated and adjustments made as necessary.

For 1992-93, there were 209 middle and junior high schools in the state. In order to achieve statewide implementation at the end of the three year phase-in period, 65 additional programs per year would need to be added beginning in school year 1997-98. Statewide implementation costs are based on the assumption that the evaluation will call for little adjustment to the original pilot program. Evaluations of the statewide expansion can be conducted and the programs modified as necessary within the existing resources of the agencies involved.

YEAR IYEAR II

1994-951995-96

ESTIMATED COSTS:

Personal Services

Director $ 50,000$ 50,000

Mental Health Counselor (14) 277,137333,900

Clerical (.50 FTE) 8,0009,638

Graduate Asst. (.50) 12,00012,000

Employer Contributions 69,427 81,108

TOTAL PERSONAL SERVICES $416,564$486,646

Contractual Services $319,554

Travel 4,0004,000

Supplies 5,5005,500

Equipment 5,0005,000

Space and Equipment (14 sites) 70,00070,000

Less Non-recurring in Year II (35,000)

TOTAL FOR 14 SITES $820,618$855,700

Subdivision B, Section 2 amends Section 59-65-50 of the 1976 Code to require that the students' parent or guardian must be notified of unlawful absences by the end of the following day. After three consecutive unlawful absences or five cumulative unlawful absences, the school district shall determine if the child's future achievement, attendance, or well-being is in jeopardy and if so schedule a conference to formulate an intervention plan. Prior to this conference, appropriate school personnel must take necessary steps to determine:

(a) Whether curriculum changes would assist in resolving the nonattendance problem.

(b) Whether there are psychological problems, learning disabilities contributing to the problem.

(c) Whether there are health or human services related or economic needs including needs of other family members, that may be impeding the child's attendance.

The intervention plan must address:

(a) the reasons for non-attendance

(b) an assessment of the needs

(c) the actions to be taken by the parent or guardian

(d) the actions to be taken by the student

(e) the actions to be taken by the school

(f) referrals to other agencies or services for the student or the family

(g) signatures of the parent or guardian and, if appropriate, the student

(h) whether the child should be referred for evaluation or whether an existing Individual Education Plan should be revised.

This legislation requires the district to designate an individual to be responsible for follow-up, monitoring, and any subsequent adjustment of the plan. Should a parent or guardian fail to comply with the request for a conference, the non-attendance must be reported in writing to a family court. If a parent or guardian fails to comply with a summons, the school district may have the solicitor apply for an order from the family court directing the parent or guardian to appear and show cause why he or she should not be held in contempt.

Presently, school districts employ a number of attendance personnel. Current staff, in coordination with the Safety Coordinators as established in Section 59-66-20, could be charged with compliance of the requirements of this legislation. Although the number of schools experiencing major attendance problems is unknown, it is estimated that $60,000 per additional position would be required by schools where current staffing proves inadequate to handle the "unlawful absence" caseloads. This estimation is based on the assumption that related costs would be similar to that of school-based counseling.

Subdivision B, Section 4 amends Section 59-65-60 to require that upon the tenth unlawful absence, the further accumulation of unlawful absences for the purposes of school attendance shall be tolled until the date of the family court hearing. Within 24 hours following the tenth unlawful absence, the school district shall make a report of the nonattendance to the solicitor. Within 48 hours following receipt of the report, the solicitor shall file the complaint, and attendance hearing upon the merits of the complaint shall be held in the family court within 5 days following service. At the attendance hearing the court shall determine whether the parent or guardian, the student, and the school have taken the actions assigned to each of them in the intervention plan. The court shall also consider the determinations made by school personnel pursuant to Section 59-65-60 (D) and the extent of the investigation conducted by the school district prior to formulation of the intervention plan.

Presently, the solicitor handles non-enrollment and nonattendance petitions. Upon notification from school officials indicating the affirmative action taken by the district to work with the child and with the parent or guardian and all other appropriate entities to secure the child's attendance, the solicitor files a nonattendance or non-enrollment petition. This procedure is performed concertly with no time lines. Although the legislation does not appear to have a significant fiscal impact on the Office of the Solicitor, the legislation does indicate a particular time line and this could create a concern.

Prepared By: Approved By:

JoAnne L. Payton George N. Dorn, Jr.

State Budget Analyst State Budget Division

James W. Trexler

State Budget Analyst

Cheryl H. Morris

State Budget Analyst

A BILL

TO ENACT THE SCHOOL SAFETY AND JUVENILE JUSTICE REFORM ACT OF 1994 INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DIRECTING THE DEPARTMENT OF JUVENILE JUSTICE TO DEVELOP A LONG-TERM PLAN FOR THE PROVISION OF SERVICES TO JUVENILE OFFENDERS; TO ADD SECTION 20-7-753 SO AS TO AUTHORIZE THE FAMILY COURT TO DESIGNATE A LEAD STATE AGENCY TO CONDUCT A FAMILY ASSESSMENT AND RECOMMEND A SERVICE PLAN FOR FAMILIES WHEN A CHILD IS BROUGHT BEFORE THE FAMILY COURT IN A JUVENILE DELINQUENCY PROCEEDING; TO REQUIRE THE COURT TO REVIEW THE ASSESSMENT AND ADOPT A PLAN THAT WILL SERVE THE BEST INTERESTS OF THE CHILD; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARENTS OF A CHILD BROUGHT BEFORE THE COURT ON A DELINQUENCY MATTER TO COOPERATE WITH AND PARTICIPATE IN A PLAN ADOPTED BY THE COURT TO SERVE THE BEST INTERESTS OF THE CHILD; TO AMEND SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL SERVICES FOR JUVENILES, SO AS TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE TO PROVIDE EDUCATIONAL SERVICES TO PREADJUDICATORY JUVENILES IN ITS CUSTODY; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE FINE FROM ONE THOUSAND DOLLARS TO THREE THOUSAND DOLLARS FOR A VIOLATION; TO AMEND SECTION 20-7-390, RELATING TO THE DEFINITION OF "CHILD", SO AS TO REVISE THIS DEFINITION WITH REGARD TO CERTAIN CRIMES; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JURISDICTION OF JUVENILES FROM ONE COURT TO ANOTHER SO AS TO REVISE THE REQUIREMENTS FOR TRANSFERRING JURISDICTION; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO DETENTION AND CUSTODY OF A CHILD FOUND VIOLATING THE LAW, SO AS TO PROVIDE THAT A CHILD IN POSSESSION OF A DEADLY WEAPON MAY BE DETAINED IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE FOR RELEASE FROM DETENTION; TO AMEND SECTION 20-7-1330, AS AMENDED, RELATING TO DISPOSITION OF A CHILD BEFORE THE COURT ON A DELINQUENCY MATTER, SO AS TO AUTHORIZE THE COURT TO ORDER A DETERMINATE SENTENCE FOR A JUVENILE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 24-19-10, RELATING TO DEFINITIONS PERTAINING TO THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDER; TO AMEND SECTION 59-63-32, RELATING TO REQUIREMENTS FOR ENROLLING A CHILD IN PUBLIC SCHOOL, SO AS TO PROVIDE FOR THE TRANSFER OF RECORDS IF A CHILD HAS PREVIOUSLY ATTENDED ANOTHER SCHOOL; TO AMEND SECTION 59-63-210, RELATING TO GROUNDS FOR EXPULSION AND SUSPENSION OF PUPILS, SO AS TO REQUIRE EXPULSION FROM SCHOOL IF THE PUPIL IS CONVICTED OF COMMITTING CERTAIN CRIMES; TO AMEND TITLE 59, RELATING TO EDUCATION, SO AS TO ADD CHAPTER 66 "SCHOOL SAFETY" WHICH REQUIRES SCHOOLS TO RETAIN DISCIPLINARY RECORDS AND PROVIDES FOR THE USE OF THESE RECORDS; ESTABLISHES FUNDS FOR SCHOOL SAFETY COORDINATORS AND PROCEDURES FOR APPLYING FOR AND DISTRIBUTING THESE FUNDS; REQUIRES ONE HANDHELD METAL DETECTOR IN EACH MIDDLE, JUNIOR HIGH, AND HIGH SCHOOL; REQUIRES PROMULGATION OF REGULATIONS ESTABLISHING MINIMUM REQUIREMENTS FOR PLANNING AND CONSTRUCTING SCHOOL FACILITIES; REQUIRES ESTABLISHMENT OF A CURRICULUM FOR TEACHING PEACEFUL CONFLICT RESOLUTION AND NONVIOLENT LIVING; REQUIRES DEVELOPMENT AND PILOT TESTING OF ALTERNATIVE EDUCATIONAL PROGRAMS FOR STUDENTS WHO ARE A THREAT TO SCHOOL SAFETY; REQUIRES EACH SCHOOL TO DEVELOP AND HAVE APPROVED A COMPREHENSIVE SCHOOL SAFETY PLAN; ESTABLISHES A SCHOOLHOUSE SAFETY RESOURCE CENTER WITHIN THE DEPARTMENT OF EDUCATION; ESTABLISHES A JOINT PILOT PROJECT FOR SCHOOL BASED COUNSELING BY THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF EDUCATION; TO ADD SECTION 59-17-130 SO AS TO DIRECT SCHOOL DISTRICTS TO ENCOURAGE PARENTS TO BECOME INVOLVED IN THEIR CHILDREN'S EDUCATION INCLUDING OFFERING SERVICES AND REFERRALS TO FAMILIES AND CHILDREN IN NEED OF ASSISTANCE; TO ADD SECTION 59-26-90 SO AS TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE REGULATIONS PROVIDING THAT THE PRIMARY RESPONSIBILITY OF GUIDANCE COUNSELORS IS TO COUNSEL STUDENTS AND WORK WITH PARENTS AND TEACHERS; TO AMEND SECTION 20-7-20, RELATING TO THE STATE CHILDREN'S POLICY, SO AS TO PROVIDE THAT PROVIDING AN EDUCATION IS OF PARAMOUNT INTEREST AND THAT OFFICIALS SHALL DO EVERYTHING WITHIN THEIR AUTHORITY TO CARRY OUT SCHOOL ATTENDANCE LAWS AND PREVENT NONATTENDANCE; TO ADD SECTION 20-7-1352 SO AS TO REQUIRE SCHOOL ATTENDANCE AND APPROPRIATE BEHAVIOR AS AN INTEGRAL PART OF ALL PROBATION ORDERS; TO ADD SECTION 20-7-1353 SO AS TO REQUIRE PROBATION AND PAROLE COUNSELORS TO ASSIST IN REENROLLMENT OF CHILDREN RELEASED FROM CONFINEMENT AND TO REPORT ANY SCHOOL'S REFUSAL TO ENROLL A CHILD; TO ADD SECTION 59-65-55 SO AS TO PROVIDE THAT IF A STUDENT TRANSFERS TO ANOTHER SCHOOL DISTRICT, THE RECORDS AND PLANS FOR THAT STUDENT REGARDING TRUANCY BEHAVIOR ALSO MUST BE FORWARDED TO THE RECEIVING SCHOOL DISTRICT; TO AMEND SECTION 59-65-20, RELATING TO THE PENALTY FOR FAILURE TO ENROLL OR CAUSE A CHILD TO ATTEND SCHOOL, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES FOR REPORTING AND PROSECUTING VIOLATIONS OF THIS SECTION; TO AMEND SECTION 59-65-50, RELATING TO THE NONATTENDANCE AT SCHOOL REPORTED TO THE COURTS AND THE SOLICITOR HAVING JURISDICTION OF JUVENILES, SO AS TO REVISE THE MANNER IN WHICH, CONDITIONS UNDER WHICH, AND PROCEDURES UNDER WHICH THESE REPORTS ARE MADE; TO AMEND SECTION 59-65-60, RELATING TO COURT PROCEDURES UPON RECEIPT OF REPORTS OF NONATTENDANCE AT SCHOOL, SO AS TO REVISE THESE PROCEDURES AND THE ACTION NEEDED TO BE TAKEN IN REGARD TO THE CHILD; AND TO PROVIDE THAT CERTAIN PROVISIONS DO NOT EFFECT THE EXCEPTIONS TO COMPULSORY SCHOOL ATTENDANCE LAWS AND HOME-SCHOOLING PROGRAMS; TO ADD SECTION 20-7-1351 SO AS TO AUTHORIZE THE FAMILY COURT TO ORDER PARENTS OF CHILDREN IN NEED OF SERVICES TO PREVENT VIOLENT BEHAVIOR TO APPEAR, TO ORDER FAMILY ASSESSMENT AND TREATMENT, AND TO HOLD A PARENT IN CONTEMPT FOR FAILURE TO COMPLY WITH A COURT ORDER; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO DETENTION, CUSTODY, AND RECORDS OF A CHILD FOUND VIOLATING THE LAW, SO AS TO REVISE WHAT RECORDS ARE OPEN TO THE PUBLIC, AND TO REQUIRE A LAW ENFORCEMENT OFFICER TAKING A CHILD INTO CUSTODY TO NOTIFY THE PRINCIPAL OF THE SCHOOL OF THE NATURE OF THE OFFENSE; TO AMEND SECTION 20-7-770, AS AMENDED, RELATING TO RELEASE OF A JUVENILE'S RECORD, SO AS TO INCLUDE ADDITIONAL OFFENSE FOR WHICH RECORDS MAY BE RELEASED AND TO DIRECT THE DEPARTMENT OF JUVENILE JUSTICE TO MAINTAIN JUVENILE RECORDS FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 20-7-780, RELATING TO RECORDS, FINGERPRINTING, AND PHOTOGRAPHS OF JUVENILES, SO AS TO FURTHER PROVIDE UNDER WHAT CIRCUMSTANCES RECORDS ARE OPEN TO THE PUBLIC, THE IDENTITY OR PICTURE OF A CHILD MAY BE PUBLISHED BY THE MEDIA, FINGERPRINTS MAY BE TAKEN, AND RECORDS MAY BE TRANSFERRED TO OTHER LAW ENFORCEMENT AGENCIES; TO AMEND SECTION 20-7-1335, RELATING TO DESTRUCTION OF JUVENILE RECORDS, SO AS TO INCLUDE ADDITIONAL CIRCUMSTANCES UNDER WHICH A JUVENILE'S ADJUDICATION MAY NOT BE EXPUNGED; TO AMEND SECTION 20-7-3300, AS AMENDED, RELATING TO JUVENILE'S RECORDS, SO AS TO PROVIDE CERTAIN CIRCUMSTANCES UNDER WHICH A JUVENILE'S RECORD IS PROVIDED TO A SCHOOL; AND TO PROVIDE THAT REFERENCES TO VIOLENT CRIMES ARE AS DEFINED ON THIS ACT'S EFFECTIVE DATE OR AS THE DEFINITION MAY BE AMENDED.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "School Safety and Juvenile Justice Reform Act of 1994".

SECTION 2. Before January 1, 1995, the Department of Juvenile Justice shall develop a long-term plan to be phased in over the next five years beginning on July 1, 1995 which:

(1) Decentralizes the centralized Department of Juvenile Justice facilities in Columbia and reduce the number of secure beds utilized for nonviolent, nonrepeat offenders through the use of programs involving more intense supervision and treatment services at the community level. The department shall consider closing a significant number of its secure bed facilities in Columbia and opening smaller sized, regional secure facilities in at least four areas of the State: the Upstate, the Midlands, the Low Country, and the Pee Dee. Each regional secure facility also shall provide pre-adjudicatory detention facilities in agreement with county or regional plans.

(2) Explores the possibility of leasing some of its facilities, which would close with decentralization of the Columbia facilities, to the Department of Corrections and using the lease money to help fund the decentralized and reoriented Department of Juvenile Justice budget.

(3) Includes alternatives to incarceration for those juveniles under the supervision of the department but not adjudicated delinquent for the commission of violent offenses as defined in Section 16-1-60. The alternatives to incarceration shall maximize integrated, highly individualized home, school, and neighborhood based services and programs and shall include the purchase of diversified services on the community level. These services and programs shall include, but are not limited to, juvenile arbitration, mentor homes, halfway homes, wilderness experiences, diversion programs such as family group conferences, day treatment centers, after school reporting systems and supervision, electronic monitoring, community service work programs, teen court programs, restitution programs, and intensive supervision including electronic monitoring, counseling, home visits, school visits, group counseling, urinalysis, and phone calls all on an ongoing basis and staffed seven days a week, twenty-four hours a day.

(4) Includes a budget which reflects a shift from spending monies to support the large facilities in Columbia to spending monies to enhance and support the personnel and programs on a local level. The budget shall reflect innovative management practices and the use of objective criteria, such as a risk assessment grid, for placement decisions. The department shall explore the development and use of Medicaid reimbursable programs for the therapeutic treatment of its clients.

(5) Includes, to a much greater degree, the use of community based and nonresidential evaluation centers.

(6) Includes, in conjunction with the circuit solicitors and the family court, programs to be presented annually in every middle and high school in the State to educate the students on the consequences of committing delinquent and criminal acts.

SECTION 3. The 1976 Code is amended by adding:

"Section 20-7-753. (A) In a juvenile delinquency proceeding before the family court, the court may designate a state agency as the lead agency to provide a family assessment to the court. The assessment shall include, but is not limited to, the strengths and weaknesses of the family, problems interfering with the functioning of the family and with the best interests of the child, and recommendations for a comprehensive service plan to strengthen the family and assist in resolving these issues.

(B) The lead agency shall provide the family assessment to the court in a timely manner and the court shall conduct a hearing to review the proposed plan and adopt a plan as part of its order that will best meet the needs and best interest of the child. In arriving at a comprehensive plan, the court shall consider:

(1) additional testing or evaluation that may be needed;

(2) economic services including, but not limited to, employment services, job training, food stamps, and aid to families with dependent children;

(3) counseling services including, but not limited to, marital counseling, parenting skills, and alcohol and drug abuse counseling;

(4) and any other programs or services appropriate to the child's and family's needs.

(C) The lead agency is responsible for monitoring compliance with the court ordered plan and shall report to the court at such times as the court requires."

SECTION 4. Section 20-7-420 of the 1976 Code is amended by adding an appropriately numbered item to read:

"( ) to require the parent of a child brought before the court for adjudication of a delinquency matter and agencies providing services to the family to cooperate and participate in a plan adopted by the court to meet the needs and best interests of the child and to hold a parent or agency in contempt for failing to cooperate and participate in the plan adopted by the court."

SECTION 5. Section 20-7-3230(5) of the 1976 Code is amended by adding at the end:

"The Department of Juvenile Justice shall provide educational programs and services to all preadjudicatory juveniles in its custody. County and regionally operated facilities shall provide these services to all preadjudicatory juveniles who are detained locally for more than twenty-four hours, excluding weekends and state holidays, by contracting with the Department of Juvenile Justice or by arranging the services through the local school district in which the facility is located. Services which are arranged locally must be approved by the Department of Juvenile Justice as meeting all criteria developed under the authority of Section 20-7-3240."

SECTION 6. Section 16-23-430(2) of the 1976 Code, as last amended by Section 48, Act 184 of 1993, is further amended to read:

"(2) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one three thousand dollars or imprisoned not more than five years, or both. Any A weapon or object used in violation of this section may must be confiscated by the law enforcement division making the arrest."

SECTION 7. Section 20-7-390 of the 1976 Code is amended to read:

"Section 20-7-390. When used in this article, unless the context otherwise requires, `child' means a person less than seventeen years of age, where the child is dealt with as a juvenile delinquent. `Child' does not mean a person sixteen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more. However, a person sixteen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more may be remanded to the family court for disposition of the charge at the discretion of the solicitor. Where the child is dealt with as a dependent or neglected child the term `child' shall mean means a person under eighteen years of age."

SECTION 8. Section 20-7-430 of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:

"Section 20-7-430. Jurisdiction over a case involving a juvenile may child must be transferred in the following instances or retained as follows:

(1) If, during the pendency of a criminal or quasi-criminal charge against any minor a child in a circuit court of this State, it shall be is ascertained that the minor child was under the age of seventeen years at the time of committing the alleged offense, it shall be is the duty of such the circuit court forthwith immediately to transfer the case, together with all the papers, documents, and testimony connected therewith with the case, to the family court of competent jurisdiction, except in those cases where the Constitution gives to the circuit court exclusive jurisdiction or in those cases where jurisdiction has properly been transferred to the circuit court by the family court under the provisions of this section. The court making such the transfer shall order the minor child to be taken forthwith immediately to the a place of detention designed authorized under Section 20-7-3230 by the court or to that the family court itself, or shall release such minor the child to the custody of some suitable person to be brought before the court at a time designated. The court shall then shall proceed as provided in this article. Notwithstanding any other provision of law, the provisions of this This section shall be is applicable to all existing offenses embraced therein, irrespective of whether such offenses may be directed solely at children coming within the scope of this article and shall likewise be applicable and to such offenses as shall be created in the future unless the General Assembly shall specifically directs otherwise.

(2) Whenever If a person child is brought before a magistrate or city recorder and, in the opinion of the magistrate or city recorder, the person child should be brought to the family court of competent jurisdiction under the provisions of this section, the magistrate or city recorder shall thereupon transfer such the case to the family court and direct that the persons child involved be taken thereto to the family court.

(3) When If an action is brought in any county court or a circuit court which, in the opinion of the judge thereof, falls within the jurisdiction of the family court, he the judge may transfer the action thereto upon his the judge's own motion or the motion of any party.

(4) If a child sixteen years of age or older is charged with an offense which if committed by an adult would be a misdemeanor, or a Class E or F felony as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of ten years or less if committed by an adult and if the court, after full investigation, deems considers it contrary to the best interest of such the child or of the public to retain jurisdiction, the court may, in its discretion, acting as committing magistrate, may bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offense if committed by an adult.

(5) If a child fourteen or fifteen years of age who has two prior and unrelated adjudications of assault, assault and battery with intent to kill, assault and battery of a high and aggravated nature, arson, housebreaking, burglary, kidnapping, attempted criminal sexual conduct or robbery and is currently charged with a third or subsequent such offense an offense which if committed by an adult would be a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more, the court, may after full investigation and hearing, if it deems may determine it contrary to the best interest of such the child or of the public to retain jurisdiction,. The court, acting as committing magistrate, may bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offenses if committed by an adult.

(6) Within thirty days after the filing of a petition in the family court alleging the child has committed the offense of murder or criminal sexual conduct, the person executing the petition may request in writing that the case be transferred to the court of general sessions with a view to proceeding against the child as a criminal rather than as a child coming within the purview of this article. The judge of the family court is authorized to determine this request. If the request is denied, the petitioner may appeal within five days to the circuit court. Upon the hearing of the appeal, the judge of the circuit court is vested with the discretion of exercising and asserting the jurisdiction of the court of general sessions or of relinquishing jurisdiction to the family court. If the circuit judge elects to exercise the jurisdiction of the general sessions court for trial of the case, he the judge shall issue an order to that effect, and then the family court has no further jurisdiction in the matter.

(7) Once the family court relinquishes its jurisdiction over the child and the child is bound over to be treated as an adult, the provisions of Section 20-7-780 dealing with the confidentiality of identity and fingerprints will is not be applicable.

(8) When jurisdiction is relinquished by the family court in favor of another court, the court shall have has full authority and power to grant bail, hold a preliminary hearing, and any other powers as now provided by law for magistrates in such these cases.

(9) If a child fifteen fourteen years of age or older is charged with a violation of Section 16-23-430(1), Section 16-23-20, assault and battery of a high and aggravated nature, or Section 44-53-445, the court may, after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, may bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offenses offense if committed by an adult."

SECTION 9. Section 20-7-600(F) and (H) of the 1976 Code, as last amended by Section 282, Act 181 of 1993, is further amended to read:

"(F) When the authorized representative of the Department of Juvenile Justice determines that placement of a juvenile outside the home is necessary, he the representative shall make a diligent effort to place the child in an approved home, program, or facility, other than a secure juvenile detention facility, when these alternatives are appropriate and available. A child is eligible for detention in a secure juvenile detention facility only if the child:

(1) is charged with a violent crime as defined in Section 16-1-60;

(2) is charged with a crime which, if committed by an adult, would be a felony other than a violent crime, and the child:

(a) is already detained or on probation or conditional release in connection with another delinquency proceeding;

(b) has a demonstrable recent record of wilful failures to appear at court proceedings;

(c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or

(d) has a demonstrable recent record of adjudications for other felonies crimes; and:

(i) there is clear and convincing evidence to establish a risk of flight, or serious harm to others; or

(ii) the instant offense involved the use of a firearm;

(3) is a fugitive from another jurisdiction;

(4) requests protection in writing under circumstances that present an immediate threat of serious physical injury. A child who meets the criteria provided in this subsection is eligible for detention. Detention is not mandatory for a child meeting the criteria if that child can be supervised adequately at home or in a less secure setting or program.;

(5) had in his possession a deadly weapon;

(6) has a demonstrable recent record of wilful failure to comply with prior placement orders including, but not limited to, a house arrest order.

(H) If the authorized representative of the Department of Juvenile Justice has not released the child to the custody of his the child's parents or other responsible adult, the court shall hold a detention hearing within twenty-four hours from the time the child was taken into custody, excluding Saturdays, Sundays, and holidays. At this hearing, the authorized representative of the department shall submit to the court a report stating the facts surrounding the case and a recommendation as to the child's continued detention pending the adjudicatory and dispositional hearings. The court shall appoint counsel for the child if none is retained. No child may proceed without counsel in this hearing, unless the child waives the right to counsel, and then only after consulting at least once with an attorney. At the conclusion of this hearing, the court shall determine whether probable cause exists to justify the detention of the child as well as determining the appropriateness of, and need for, the child's continued detention. If continued detention of a juvenile is considered appropriate by the court and if a juvenile detention facility exists in that county which meets state and federal requirements for the secure detention of juveniles, or if that facility exists in another county with which the committing county has a contract for the secure detention of its juveniles, and if commitment of a juvenile by the court to that facility does not cause it to exceed its design and operational capacity, the family court shall order the detention of the juvenile in that facility. Periodic reviews of the detention order must be conducted in accordance with the rules of practice in a family court. However, a juvenile must not be detained in secure confinement in excess of ninety days. If the child does not qualify for detention or otherwise require continued detention under the terms of subsection (F), the child must be released to a parent, guardian, or other responsible person or placed in a program directed by or affiliated with the department."

SECTION 10. Section 20-7-1330(c), as last amended by Act 615 of 1988, is further amended to read:

"(c) commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children or to place them in family homes or under the guardianship of a suitable person. Commitment must be for an indeterminate period but in no event beyond the child's twenty-first birthday. However, if the child has been adjudicated delinquent for committing a violent offense as defined in Section 16-1-60, the court, in conjunction with the indeterminate sentence, may commit the juvenile to a public or private institution for a determinate period not to exceed two years and during the determinate period the child must not be released;"

SECTION 11. Section 24-19-10(d) of the 1976 Code is amended to read:

"(d) `Youthful offender' means all male and female offenders an offender who are is under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-430, who is sixteen years of age and has been charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more, or who is seventeen but less than twenty-five years of age at the time of conviction."

SECTION 12. Section 59-63-32 of the 1976 Code, as added by Act 163 of 1991, is amended by adding at the end:

"(G) Before a child may be enrolled in a public school of this State, the adult seeking to enroll the child must provide the school with information so that the school may obtain the child's permanent record from the child's previous school. The previous school must comply with the request, and both schools must keep the record confidential as provided by law. For purposes of this subsection, `previous school' includes special schools, such as those operated by the Department of Juvenile Justice, and `permanent record' means transcripts, attendance records, and disciplinary records."

SECTION 13. Section 59-63-210 is amended to read:

"Section 59-63-210. (A) Any A district board of trustees may authorize or order the expulsion, suspension, or transfer of any a pupil for a commission of any a crime, gross immorality, gross behavior, or persistent disobedience, or for violation of written rules and regulations established by the district board, county board, or the State Board of Education, or when the presence of the pupil is detrimental to the best interest of the school.

(B) A district board of trustees, after a hearing held in accordance with Section 59-63-240, must expel for a period of time which is at least the remainder of the school year a pupil who is convicted, pleads guilty or nolo contendere, or is adjudicated delinquent for having committed the offense of:

(1) murder (Section 16-3-10);

(2) criminal sexual conduct in the first degree (Section 16-3-652);

(3) criminal sexual conduct in the second degree (Section 16-3-653);

(4) criminal sexual conduct with a minor (Section 16-3-655);

(5) assault with intent to commit criminal sexual conduct (Section 16-3-656);

(6) assault and battery with intent to kill (Section 16-3-620);

(7) kidnapping (Section 16-3-910);

(8) voluntary manslaughter (Section 16-3-50);

(9) armed robbery (Section 16-11-330);

(10) drug trafficking as defined in Section 44-53-370(e);

(11) arson in the first degree (Section 16-11-110(A);

(12) burglary in the first degree (Section 16-11-311);and

(13) carrying a weapon on school property as defined in Section 16-23-430.

(C) Every An expelled pupil shall have has the right to petition for readmission for the succeeding school year.

(D) Expulsion or suspension shall must be construed to prohibit a pupil from entering the school, or school grounds, except for a prearranged conference with an administrator, attending any day or night a school functions function, or riding a school bus.

(E) The provisions of this This section shall does not preclude enrollment and attendance in any an adult, or night school, or alternative educational program."

SECTION 14. Title 59 of the 1976 Code is amended by adding:

Section 59-66-10. (A) Schools must keep disciplinary records for students. These disciplinary records must contain clear anecdotal evidence and show action taken by and with the cooperation of schools to address problem behavior. In addition, the disciplinary records must show action taken by the school to report to law enforcement when required by Section 59-24-60 and must contain information provided to the school pursuant to Sections 20-7-3300 and 20-7-600. A student's disciplinary record must follow the student through school.

(B) The principal may use information contained in a student's disciplinary record for monitoring and supervisory purposes, but any parts of the disciplinary record which are required to be kept confidential by other provisions of law must be maintained in a manner to ensure the confidentiality of those parts. The State Board of Education, through the State Department of Education and in consultation with the Office of the Attorney General, the Department of Juvenile Justice, and the State Law Enforcement Division, must promulgate regulations to ensure confidentiality as required by law.

Section 59-66-20. (A) The General Assembly annually shall provide funds in the general appropriations act to be awarded to school districts which choose to employ safety coordinators in accordance with this section. State funds may be awarded for not more than one safety coordinator for each county. The amount of the award for a county for fiscal year 1995-96 may not exceed twenty-five thousand dollars, except for counties which are designated as economically distressed pursuant to Section 41-43-180. Economically distressed counties participating in the program shall receive additional state funds for fiscal year 1995-96 in the amount of five thousand, five hundred dollars. The amount which may be awarded for a county, including the additional state funds for economically distressed counties, must be increased each fiscal year after 1995-96 by the same percentage as the average teacher salary.

(B) An award of state funds to school districts under this program is contingent upon a district or group of districts jointly matching the state grant with an equal amount of funds and in kind contributions; however, school districts located primarily within an economically distressed county are not required to match any portion of the state grant. Additionally, funds only may be awarded where the duties of the safety coordinator relate exclusively to school and district safety functions. It is the intent of the General Assembly that the safety coordinator have a strong background in law enforcement, safety matters, or coordination of relevant services.

(C) If a county consists of more than one school district, any or all school districts within the county may apply jointly for funds for a safety coordinator. Each participating school district must provide a portion of the local matching funds based upon the relationship the district's student membership bears to the total student membership of all participating districts within the county. Nonparticipating school districts in multi-district counties may begin participation in the program by contributing to the local match in the same manner as those school districts originally participating in the program.

(D) When more than one school district in a multi-district county is provided funds under this section, the safety coordinator must be an employee of the school district with the largest student membership during the immediately preceding school year, unless the participating school districts have a memorandum of agreement providing otherwise; however, the safety coordinator must provide services to all participating school districts.

(E) For purposes of this section, `student membership' means the cumulative one hundred thirty-five day average daily membership during the immediately preceding school year.

(F) The State Board of Education, through the State Department of Education, shall develop and implement regulations establishing the safety coordinator grant program.

Section 59-66-30. (A) Using funds appropriated by the General Assembly, each public middle, junior high, and high school in the State must be equipped with one hand-held metal detector.

(B) In consultation and cooperation with the Office of the Attorney General and the State Law Enforcement Division, the State Department of Education shall provide training in the use of hand-held metal detectors to school officials who shall use the equipment.

(C) The State Board of Education, through the State Department of Education, shall promulgate regulations to implement this section.

Section 59-66-40. (A) Before January 16, 1996, the State Board of Education, through the State Department of Education, shall promulgate regulations establishing additional minimum requirements for planning and construction of public school facilities. The regulations shall require public school facilities to be constructed, located, and equipped so as to facilitate prevention of and intervention in violent incidents. The regulations must contain appropriate provisions for new construction, renovations, remodelings, expansions, and relocatable classroom buildings. The State Board of Education may establish minimum expenditure levels which must be met before the regulations are applicable.

(B) On and after the effective date of the regulations, any new construction, renovation, remodeling, expansion, or relocatable classroom building, governed by the regulations, may not be occupied until the State Superintendent of Education or the state superintendent's agent approves the facility. The school district is responsible for requesting approval and submitting the necessary documents to the State Superintendent of Education or the state superintendent's agent.

(C) A school district may request a waiver from part or all of the regulations, and the State Board of Education may grant a waiver if the regulations impose an unreasonable or undue hardship upon the district.

Section 59-66-50. (A) Before July 1, 1996, the State Board of Education, through the State Department of Education, shall select, develop, modify or cause to be developed or modified curriculum for teaching peaceful conflict resolution and nonviolent living to students in all grades of the public schools of this State. The curriculum shall incorporate and concentrate upon:

(1) trust building and team building including strategies for building productive, cooperative relationships;

(2) learning to work in groups;

(3) effective communication skills;

(4) peaceful problem solving techniques;

(5) collaborative decision making techniques;

(6) negotiation and mediation techniques;

(7) positive approaches to behavior management.

(B) In addition to the requirements contained in subsection (A), the curriculum must be:

(1) appropriate to the students' age and grade;

(2) structured to provide consistent reinforcement throughout the school year and each student's school career;

(3) flexible so as to be incorporated within the existing school day and year and so that the needs of the diverse classrooms across the State are met;

(4) designed to address the need for training of all school officials, and;

(5) designed to reach outside the school and encourage supportive actions in the home and community including use of the curriculum by public and private service providers, organizations, groups, institutions, and agencies with their clients or members.

(C) Beginning with the 1996-97 school year, the State Board of Education, through the State Department of Education, shall cause the curriculum to be taught to all students in all grades of the public schools of this State. A parent or guardian may elect for their child or ward not to participate in the curriculum by signing a written document making the election. The form of the written document must be prescribed by regulation of the State Board of Education.

(D) Funds for the development or selection and implementation of the curriculum must be provided by the General Assembly.

Section 59-66-60. (A) The State Board of Education, through the State Department of Education, shall cause alternative educational programs for students who are serious threats to the safety and security of the regular school program to be developed and pilot tested in school years 1995-96, 1996-97, and 1997-98.

In selecting the pilot programs, the State Board of Education, through the State Department of Education, shall ensure representation of the various geographic regions of the State, urban and rural settings, various size student populations, various socio-economic populations, and areas with different incidences of juvenile crime. The number of pilot test sites may be expanded each year, if adequate funds are provided and expansion does not compromise supervision and evaluation of the pilot tests.

For purposes of this subsection, `students who are serious threats to the safety and security of the regular school program' means students who have severe disciplinary problems as documented by school disciplinary records and students who have been charged with or adjudicated delinquent for the commission of a violent crime as defined in Section 16-1-60, for a violation of Section 16-23-430, for a crime in which an illegal weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44.

(B) The pilot programs must provide activities, counseling, and other appropriate services to meet the students' special needs, increase their opportunities for success, and promote nonviolent behavior. It is the intent of the General Assembly that the support activities and services be provided through existing state and community resources to the extent possible.

(C) Before December 1, 1995, the State Board of Education, through the State Department of Education, shall establish procedures for evaluating the pilot programs. The evaluation procedure must include the collection of data and allow the process to be evaluated and, to the extent possible, it must measure the effectiveness of the pilot programs. The State Board of Education shall cause an independent evaluation of the pilot programs to be conducted and presented to the General Assembly at the conclusion of the three years of pilot testing.

(D) Based upon the evaluation required by subsection (C), the State Board of Education, through the State Department of Education, shall cause successful alternative educational programs to be implemented for all school districts. Statewide implementation of the programs must be phased in over three years beginning with school year 1998-99. The programs must be undertaken on a multi-district or multi-county basis.

(E) Throughout the phase in to statewide implementation, the State Board of Education, through the State Department of Education, shall continue to cause the programs to be evaluated and indicated refinements made.

(F) The General Assembly must appropriate funds for the planning, development, pilot testing, evaluation, and statewide implementation of this section.

(G) The State Board of Education or the governing body of a pilot test site may use a portion of its allocation of funds for the purchase of technical assistance during pilot testing.

(H) The State Board of Education, through the State Department of Education, is required to explore ways of redirecting or expanding financial support for part or all of the alternative educational program with other than state funds. Strategies to maximize the probability of federal or foundation funding or both must be used.

(I) The State Board of Education, through the State Department of Education, shall promulgate regulations whereby state and local funds generated under the Education Finance Act for a student must be used to defray the cost of the student's alternative educational program. The regulations may specify a minimum period of time a student must be served in an alternative educational program before the regulations apply or may provide for a proportional contribution to the cost of the alternative educational program based upon the length of time a student is served in an alternative educational program or both.

Section 59-66-70. (A) There is created the Volunteer Mentor Program to be administered by the Department of Education. The purpose of the program is to promote the establishment of local programs whereby at-risk children are matched with adult volunteers on a one-to-one basis.

(B) The objectives of the program are to:

(1) reduce juvenile crime in local communities served by the program;

(2) recruit community volunteers to provide positive adult role models for at-risk children;

(3) improve the academic performance of students participating in the program; and

(4) meet the physical, intellectual, emotional, and social needs of students participating in the program and improve their attitudes and behavior.

(C) As used in this section, `at-risk children' means children under the age of twenty-one, who have been referred:

(1) directly by local law enforcement, family court, appropriate state agencies, or the local school district; or

(2) to family court during the immediately preceding twelve months.

(D) Each local program must have a local board of directors or advisory committee which reflects local commitment to the program and is representative of the community. The governing board or advisory committee shall monitor program activity and generate financial support for the program.

(E) Each local program must have at least a part-time program director who is responsible for:

(1) recruiting volunteers;

(2) screening volunteers;

(3) training or facilitating training of volunteers;

(4) matching volunteers with at-risk children;

(5) supervising volunteers;

(6) providing or arranging support services and group activities;

(7) working with the program's governing board or authority or advisory committee;

(8) evaluation of the program; and

(9) record-keeping.

(F) The General Assembly annually shall provide funds in the general appropriations act for the administration of the program at the State level and for grants to be awarded for the salary of local program directors. It is the intent of the General Assembly that grants for local part-time program directors be reduced in proportion to grants for full-time directors. It is also the intent of the General Assembly that local programs be supported in part by local grants and donations, in-kind contributions, federal funds, and other funds which are not state funds.

(G) The Department of Education shall serve as the lead State agency for collecting information and reporting to the General Assembly by February 15, 1995 on sources of funds other than State funds, which may be used to offset the cost of the program at the state and local level. All agencies of the State are directed to assist and cooperate with the Department of Education.

(H) Grant recipients may be:

(1) state agencies, county agencies, or school districts or a consortium of a combination of state agencies and county agencies and school districts; or

(2) non-profit 501 (c)(3) entities or a consortium consisting of one or more 501 (c)(3) entities.

(I) The Department of Education shall:

(1) disseminate information regarding the program to interested groups;

(2) develop and disseminate a request for applications to establish local Volunteer Mentor Programs;

(3) provide technical assistance to grant applicants and ongoing technical assistance as grants are implemented;

(4) administer funds appropriated by the General Assembly;

(5) monitor the grants funded;

(6) revoke a grant if necessary or appropriate;

(7) develop and implement an evaluation system that assesses the efficiency and effectiveness of the program and provide information on how to improve and refine the program;

(8) report annually to the General Assembly on program implementation and the results of the department's evaluation of the program;

(9) promulgate regulations necessary to implement the program including, but not limited to:

(a) qualifications for local program directors;

(b) training for program directors and volunteers;

(c) requirements related to program directors' supervision of volunteers;

(d) criteria for children's admission to the program;

(e) required performance levels for a grant recipient to continue to receive an award;

(f) requirements for screening volunteers;

(g) procedures to be followed in developing and submitting applications; and

(h) criteria for selection of grant recipients;

(10) award grants.

(J) A 501(c)(3) entity or consortium that receives a grant under this section must report to the Department of Education on the implementation of the program. The report must provide information required by the Department of Education to allow the department to evaluate the program.

Section 59-66-310. Before January 1, 1996, each school must have an approved comprehensive school safety plan, and each school district must have an approved comprehensive district safety plan. School and district safety plans must be approved as provided in Section 59-66-370. School and district safety plans must be coordinated so that the plans are consistent and, as appropriate, interrelated, with school and district responsibilities clearly specified.

Section 59-66-320. To receive approval under Section 59-66-370, school and district safety plans must address the broad spectrum of safety concerns including, but not limited to, natural disasters, accidents, medical emergencies, and violent incidents.

Section 59-66-330. The district superintendent must appoint a committee to develop the district's safety plan, and the principal of each school must appoint a committee to develop the school's safety plan. Safety committees must be established so that the committee membership or the committee's procedures include participation by parents, students, school personnel at all levels, and representatives of all relevant local agencies engaged in law enforcement, juvenile probation and parole, juvenile corrections, fire protection, emergency preparedness, health and human services, and social rehabilitation. The Schoolhouse Safety Resource Center must include meaningful participation by these groups as a criterion for safety plan approval. Each district superintendent must designate a safety coordinator who has primary responsibility for overseeing and implementing the district's safety plan and programs and who shall chair the district safety committee. Each school principal or the school principal's designee must have primary responsibility for overseeing and implementing the school safety plan and must chair the school safety committee.

Section 59-66-340. (A) Each school and district safety plan must include programs and strategies designed to:

(1) prevent disruptions to a safe school environment;

(2) result in an appropriate, planned intervention during incidents endangering the safety of students and adults who serve them; and

(3) restore equilibrium to the school or district or both after the immediate crisis event has passed.

(B) In addition to the requirements of subsection (A), each safety plan must:

(1) address safety needs during the school day, at extracurricular events, and on state-provided school transportation;

(2) provide for continuous monitoring and response to safety issues;

(3) provide for curriculum which teaches students nonviolent problem-solving strategies from funds appropriated by the General Assembly for this purpose;

(4) based upon student needs, encourage and facilitate local law enforcement, juvenile probation and parole, juvenile corrections, health and human services, and social rehabilitation agencies to: (a) establish a routine presence in the schools;

(b) participate in appropriate classroom and assembly programs; and

(c) provide services in a nonstigmatizing way in the schools;

(5) coordinate the security efforts and establish a chain of command for personnel employed by the school and the district;

(6) within the parameters of legally-mandated confidentiality, establish effective and reliable methods for the timely sharing of student information, especially regarding students who have a history of criminal behavior;

(7) explain how the safety plan has been coordinated with community emergency plans and relevant state and community agencies;

(8) include a program through which school and district personnel, students, parents, and relevant state and community agencies are familiarized with the contents of the plan or, if appropriate, trained to meet their responsibilities under the plan;

(9) include a service coordination matrix identifying services and programs provided by community and state resources which are available to address school and student safety needs including, but not limited to, services and programs available to address risk factors associated with violent student behavior;

(10) include a ready reference containing emergency procedures and current telephone numbers to be used in identified emergencies; and

(11) recommend changes including, but not limited to, changes in supervision procedures, schedules, curriculum, assignments, training and technology needed to achieve a safe, secure school environment.

Section 59-66-350. All district and school safety plans must be reviewed and approved by the district board of trustees.

Section 59-66-360. Each safety committee shall prepare a written report identifying impediments to cooperation and coordination between community resources and the district and its schools including, but not limited to, law enforcement, juvenile probation and parole, juvenile corrections, health and human services, and social rehabilitation agencies. In the written report each Safety Committee also shall identify impediments to the provision of appropriate state and community resources on the school site. The written report must be provided to the Schoolhouse Safety Resource Center in the same manner as and with the relevant safety plan. The written report must contain minority or dissenting views of committee members and affected agencies, if any.

Section 59-66-370. District and school safety plans must be submitted for approval to the Schoolhouse Safety Resource Center by the district superintendent, working through the district safety coordinator. The Schoolhouse Safety Resource Center shall review district and school safety plans for purposes of approving or disapproving each plan. The center shall provide specific recommendations for revisions to provisionally approved plans and shall provide technical assistance and specific recommendations for revisions to disapproved plans.

Section 59-66-380. After approval of the initial safety plans, annual revisions must be a part of the school or district strategic plan required by Section 59-20-60.

Section 59-66-390. (A) A Schoolhouse Safety Resource Center is established within the State Department of Education in the manner the General Assembly shall provide in the annual general appropriations act.

(B) Duties and responsibilities of the Schoolhouse Safety Resource Center, in addition to any others assigned to the center by this chapter, are to:

(1) establish, with the approval of the State Board of Education, the criteria and process by which school and district safety plans are evaluated for approval by the center;

(2) publish and disseminate to all schools and school districts a comprehensive, detailed guide of topics which must be included in comprehensive school and district safety plans;

(3) with the assistance of the Office of the Attorney General, identify and provide explanations of state and federal criminal laws which are relevant to school safety and which supplement school and district disciplinary codes;

(4) sponsor regional workshops for school and district safety committees, safety coordinators, and other appropriate school and district personnel so as to provide training in the development and implementation of school and district safety plans;

(5) develop or select model curricula for school safety training programs for faculty and designated staff of all schools and school districts;

(6) serve as a clearinghouse for information on the best practices for:

(a) prevention of safety crises;

(b) intervention during safety crises; and

(c) crisis response follow-up;

(7) annually report to the General Assembly on the schools' and school districts' progress in developing and implementing safety plans;

(8) annually report to the General Assembly on impediments to: (a) coordination and cooperation of safety efforts between:

(i) districts and their schools; and

(ii) relevant state and community resources; and

(b) the provision of appropriate community and state services in a nonstigmatizing way on the school site;

(9) assist the State Board of Education in developing, modifying, or selecting curriculum for teaching students peaceful conflict resolution and nonviolent living; and,

(10) make recommendations to the General Assembly for improving development and implementation of school and district safety plans, for increased coordination and cooperation between schools and relevant state and community resources, and for provision of community and state services in a nonstigmatizing way on the school site.

SECTION 15. (A) A three-year pilot project for school-based counseling services must be established jointly by the Department of Mental Health and the Department of Education. The purpose of the project is to provide an array of school-based and child-focused counseling services developed by the Department of Mental Health in designated schools. The pilot project must serve at least fourteen schools during the first year. The number of pilot test sites may be expanded each of the remaining two years of the pilot test, if adequate funds are provided and expansion does not compromise supervision and evaluation of the pilot project.

(B) The services must include, but are not limited to:

(1) a child-focused school-based counseling clinic;

(2) training, consultation, and support programs for school staff.

(C) The schools chosen must be:

(1) geographically representative;

(2) representative of the socio-economic diversity of the State;

(3) representative of various size student populations;

(4) middle and junior high schools.

(D) The Department of Mental Health and the Department of Education jointly are responsible for selecting individual schools and mental health centers within the designated parameters for participation in the pilot project.

(E) (1) The Department of Mental Health is responsible for providing mental health counselors, student interns, a supervisory position for the project in the Division of Children, Adolescents, and Their Families, Department of Mental Health, and basic travel and operating expenses. The personnel and expenses must be paid for with funds made available to the department by the General Assembly for this purpose.

(2) The local education authorities are responsible for providing appropriate office space and furniture for the mental health personnel stationed at the designated schools.

(3) The Department of Mental Health and the Department of Education shall seek Medicaid reimbursement to offset the cost of the pilot project to the State and shall consult with the Health and Human Services Finance Commission to estimate the resulting revenue as a result of services as a match for federal Medicaid reimbursement. The designated centers and schools are required to explore ways of redirecting or expanding support other than state funds. The department shall maximize the probability of federal or foundation funding or both.

(F) (1) There is established a School-Based Mental Health Pilot Project Advisory Board consisting of one member appointed by each of the following: the State Superintendent of Education, the Director of the Department of Mental Health, and the chair of the Legislative-Governor's Committee on Mental Health and Mental Retardation. The chair of the advisory board shall appoint other appropriate individuals to serve as the advisory board considers necessary.

(2) The advisory board shall meet quarterly to review pilot project information and advise with regard to the project's implementation. Participating centers and schools shall provide quarterly updates to the advisory board.

(3) The involved departments shall submit an annual report containing a financial statement, which includes Medicaid reimbursement data, and a report of activities no later than September first each year of the project to the Legislative-Governor's Committee on Mental Health and Mental Retardation on the progress of the pilot project.

(4) The Division of Children, Adolescents, and Their Families, Department of Mental Health, is responsible for providing staff support to the advisory board.

(G) The Department of Mental Health, in consultation and cooperation with the Department of Education, shall establish before December 1, 1994, an evaluation procedure which includes the collection of data and allows the process to be evaluated and, to the extent possible, it must measure the effectiveness of the project as a whole and the effectiveness in individual schools. The Department of Mental Health shall cause an independent evaluation of the pilot project, as a whole and in its aggregate parts, to be conducted and presented to the Senate Medical Affairs Committee, the House Medical, Municipal, Military and Public Affairs Committee, the Senate Education Committee, the House Education and Public Works Committee, the Legislative-Governor's Committee on Mental Health and Mental Retardation, and the Joint Legislative Committee on Children and Families not later than December 15, 1997.

(H) If school-based counseling proves successful during pilot testing, it is the intent of the General Assembly that successful counseling services be implemented statewide in all public middle and junior high schools over a three-year phase in period beginning with the 1997-98 school year. Upon funding for statewide implementation by the General Assembly, the Department of Mental Health and the State Board of Education, through the State Department of Education, are responsible for causing implementation to occur with priority for funding given to schools with the greatest need for counseling services.

(I) Throughout any phase in to statewide implementation, the Department of Mental Health, in cooperation and consultation with the Department of Education, shall continue to cause the programs to be evaluated and indicated refinements made.

(J) The General Assembly shall appropriate funds for the planning, development, pilot testing, evaluation, and statewide implementation of this section.

SECTION 16. This division may be cited as the "Parent-School Responsibilities Act".

SECTION 17. The 1976 Code is amended by adding:

"Section 59-17-130. The school districts of this State shall encourage parents to become involved in their children's education as early as possible and make parental involvement and home-school relations a major component of school improvement efforts. The school districts shall keep records of at-risk children, as defined by the department in regulation, and their behavior, provide counseling when available, assist parents in understanding their children's behavior, and when necessary refer children and their parents to other appropriate state agencies for assistance in correcting existing problems and preventing future problems."

SECTION 18. The 1976 Code is amended by adding:

"Section 59-26-90. The State Board of Education shall promulgate regulations to provide that school guidance counselors are employed primarily to counsel students, give group guidance where appropriate, and work with the students, parents, and teachers."

SECTION 19. Section 20-7-20 of the 1976 Code is amended by adding at the end:

"(G) The State has a paramount interest in ensuring that children receive a primary and secondary education. State and county officials shall do everything within their jurisdictional authority to carry out the provisions of the South Carolina school attendance law and the South Carolina Children's Code to prevent school nonattendance."

SECTION 20. The 1976 Code is amended by adding:

"Section 20-7-1352. The requirement of acceptable school attendance and appropriate behavior must be an integral part of all probation orders."

SECTION 21. The 1976 Code is amended by adding:

"Section 20-7-1353. Probation and parole counselors are required to assist in the reenrollment of all their clients who are children in the public schools upon the child's release from confinement facilities and to report to the State Department of Education and the appropriate local advocacy group for children a school's refusal to reenroll or enroll a child."

SECTION 22. The 1976 Code is amended by adding:

"Section 59-65-55. (A) If, during the activities designed to remedy truant behavior as provided in Sections 59-65-50 and 59-65-60, the parent or guardian of the student who is the subject of these activities transfers the student to another school district in the State, the administration of the school from which the student transferred shall include all plans and documentation associated with improving attendance with the official records that are sent to the receiving school district. The receiving school district must continue the activities as specified in the plans or documentation, unless the activities are modified in a conference with the family or in a proceeding before the family court, as appropriate.

(B) No one except the board of trustees or its designee may institute the proceedings provided in this article. A school board which wilfully fails to follow the requirements of this section may be cited by the State Board of Education with an accreditation deficiency under the defined minimum program."

SECTION 23. Section 59-65-20 of the 1976 Code, is amended to read:

"Section 59-65-20. If any a parent or guardian who wilfully neglects to enroll his child or ward or refuses to make such child or ward attend school shall, upon conviction, be fined in school as provided in this article, the school district shall report such nonenrollment to the solicitor in writing. The solicitor immediately shall petition the Family Court for an order directing the parent or guardian to appear before the court for a hearing. At the hearing the court may order the parent or guardian to enroll the child in school. A parent or guardian who fails to comply with the order may be held in contempt and fined not more than fifty dollars or be imprisoned not more than thirty days;. Each day's absence shall constitute a separate offense; provided. However, the court may in its discretion may suspend the sentence of anyone convicted of the provisions of this article."

SECTION 24. Section 59-65-50 of the 1976 Code is amended to read:

"Section 59-65-50. If the board of trustees of a school district or its designee is unable to obtain the school attendance of a child in the age group specified in Section 59-65-10, the board or its designee shall report such nonattendance in writing to the juvenile court or such other court in the county as may have jurisdiction of juveniles but exclusive of magistrate's courts notwithstanding the provisions of Section 22-3-540; provided, that no one except the board of trustees or its designee shall have the authority to institute the proceedings herein.

(A) The board of trustees of a school district shall notify all enrolled students and parents or guardians of students of the school attendance laws and the penalties and consequences at the beginning of each school year. The student's parent or guardian must be notified of the student's unlawful absences. Notice must be by telephone contact with the student's parent or guardian by the end of the following school day, by regular mail sent no later than the following school day, or by any other reasonable means.

(B) (1) After three consecutive unlawful absences or five cumulative unlawful absences, the school district shall determine if the child's future achievement, attendance, or well-being is in jeopardy and if so schedule a conference with the student and parent or guardian and formulate a proposed intervention plan to ensure the student's continued attendance. The district shall make every reasonable effort to schedule the conference at a mutually convenient time and place which does not conflict with the parent's or guardian's employment, and shall provide or arrange for transportation where necessary to enable the parent or guardian to attend.

(2) Before the conference, appropriate school personnel, including special education staffs, must have reviewed all pertinent school records, met with the child if possible, and taken other necessary steps to determine:

(a) whether curriculum changes would assist in resolving the nonattendance problem. Such curriculum changes may include enrollment of the child in an alternative educational program, including vocational education, that meets the child's specific educational and behavioral needs;

(b) whether there are psychological problems, learning disabilities, or other physical or mental disabilities contributing to the child's nonattendance;

(c) whether there are related health or human services needs or economic needs, including needs of other family members, that may be impeding the child's school attendance.

(3) Based on the determinations made by school personnel pursuant to this subsection and on other pertinent information, the district shall work with the parent or guardian at the time of the nonattendance conference to formulate a proposed intervention plan. The plan must address:

(a) the reasons for nonattendance, as stated by the parent or guardian and by the child;

(b) an assessment of the needs to be met to facilitate the child's future attendance;

(c) the actions to be taken by the parent or guardian to resolve the nonattendance problem;

(d) the actions to be taken by the student to resolve the nonattendance problem;

(e) the actions to be taken by the school to resolve the nonattendance problem, including actions to address any academic deficiencies that may be contributing to the child's nonattendance;

(f) referrals to other agencies or services for the student or the family, as appropriate and as indicated by the needs assessment;

(g) signatures of the parent or guardian and, if appropriate, of the student;

(h) whether the child should be referred for evaluation for special education or whether an existing individual education plan should be revised. An individual education plan that includes the items contained in items (a) through (g) may be used as the proposed intervention plan.

The plan must be reduced to writing by the school district, a copy included in the child's permanent record, and a copy provided to the parent or guardian no later than five working days after the conference.

(4) The district must designate an individual to be responsible for follow-up, monitoring, and any subsequent adjustment of the plan. The signature of the designated individual must appear on the plan. Districts and schools are encouraged to make use of team approaches that utilize input and participation by teachers, guidance counselors, attendance supervisors, and other appropriate school or agency personnel.

(5) If the parent or guardian fails to comply with the request for a conference with attendance officials, the board of trustees or its designee shall report the nonattendance in writing to the family court and shall apply for a court administration document utilizing forms developed by the Office of Court Administration ordering the parent or guardian to appear at a place designated by the school official. The family court shall issue the Office of Court Administration document upon request in the manner that jury summons are issued. If the parent or guardian fails to comply with the summons, the school district may have the solicitor apply for an order from the family court directing the parent or guardian to appear and show cause why the parent or guardian should not be held in contempt. Contempt is punishable by a fine of fifty dollars, thirty days imprisonment, or public service, or a combination of them.

(C) After a child has had six consecutive unlawful absences or a total of eight unlawful absences, the school district may file a report with the solicitor if it is determined that future achievement, attendance, or well-being are in jeopardy. The report must indicate the affirmative action taken by the district to work with the child, with the parent or guardian and all other appropriate entities to secure the child's attendance. Filing of such a report does not relieve the school district of its responsibility to continue to seek a cooperative resolution of the nonattendance problem up to the time the case is heard in court."

SECTION 25. Section 59-65-60 of the 1976 Code is amended to read:

"Section 59-65-60. (a) Upon receipt of such report, the court may forthwith order the appearance before such court of the responsible parent or guardian and if it deems necessary, the minor involved, for such action as the court may deem necessary to carry out the provisions of this article.

(b) The court may, after hearing upon ten days notice, order such parent or guardian to require such child to attend school and upon failure of such parent to comply with such order may punish such parent or guardian as by contempt, provided, that punishment for such contempt cannot exceed fifty dollars or thirty days imprisonment for each offense.

The procedure herein provided shall be alternative to the penalties provided in Section 59-65-20.

(A) Upon the tenth unlawful absence, the further accumulation of unlawful absences for the purpose of school attendance must be tolled until the date of the family court hearing. Within twenty-four hours following the tenth unlawful absence, the school district shall make a report of the nonattendance to the solicitor. The report must indicate the affirmative action taken by the district to work with the child and with the parent or guardian and all other appropriate entities to secure the child's attendance. If this deadline falls upon a weekend, the school district shall have until five o'clock p.m. the following Monday to discharge this duty. This report must be made regardless of whether any action has already been commenced under subsection (G) of this section and the following mandatory timelines shall apply whenever the number of unlawful absences reaches ten.

Within forty-eight hours following receipt of the report, the solicitor shall file the complaint. If this deadline falls upon a weekend, the solicitor shall have until five o'clock p.m. the following Monday to discharge this duty. After the filing of the complaint for nonattendance, personal service upon the parent or guardian and child must be expedited by the local authorities. An attendance hearing upon the merits of the complaint must be held in the family court within five days following service. However, when the end of the fifth calendar day falls on a weekend, the hearing must be scheduled on the following Monday.

(B) At the attendance hearing the district must make available a copy of the intervention plan, the individual education plan, if any, and, to the extent that it is not include in the plan, information of the child's academic performance including, but not limited to, the total number of absences, test scores, results of psychological evaluations, and number and type of disciplinary actions taken.

(C) At the attendance hearing the court shall determine whether the parent or guardian, student, and school have taken the actions assigned to each of them in the intervention plan. The court also shall consider the determinations made by school personnel pursuant to subsection (D) of this section and the extent of the investigation conducted by the school district before formulation of the intervention plan, as well as any other relevant evidence.

On appropriate findings, the court may:

(1) order any party who has failed to perform activities assigned in the intervention plan to perform such activities;

(2) order the intervention plan modified in a manner specified by the court, and that activities assigned to parties in the modified plan be performed;

(3) direct the district to further investigate the circumstances surrounding the child's absence from school, including an evaluation of any special educational, psychological, physical, or other needs of the child, modify the intervention plan as indicated by the findings of the investigation, and implement the modified plan;

(4) order the parent or guardian to attend a parental responsibility program approved by the Department of Education;

(5) order the child to attend school by placing the child under an attendance order which may require that the child have no unlawful absences from school for the remainder of the current school year or for a longer period as appropriate.

(D) A parent or guardian who fails to comply with an order of the court must be ordered to appear and show cause why he should not be held in contempt. Contempt is punishable by a fine of not more than two hundred fifty dollars or imprisonment of not more than thirty days for each offense. A parent or guardian who has made a bona fide and diligent effort to comply with the order of the court and to keep the child in school may not be held in contempt.

At the time of the contempt hearing, the court may take any of the actions specified in subsection (C), either instead of or in addition to entering a finding of contempt. In sentencing the parent or guardian, the court shall give preference to that penalty or service or combination of penalties and service that shows the most promise of achieving long-term improvement in the child's school attendance and achievement.

The court may suspend or reduce a fine or jail term imposed if the parent or guardian successfully completes a parental responsibility program or other service, treatment, or activity ordered by the court.

Imprisonment should be used only after it is demonstrated that other efforts have failed and that the parent or guardian wilfully fails to comply with the order of the court.

(E) If a child violates the terms of an attendance order imposed on him by the court and is brought back into court for this violation, the court shall make a finding as to whether a child's nonattendance in school has occurred in spite of the parent's or guardian's bona fide attempt to control and keep the child in school. The court shall make a further finding as to whether the school district has taken all appropriate action to remedy the nonattendance situation.

If the court's findings are affirmative in both cases, the court may declare the child to be a truant, adjudicate the child a status offender, and subject the child to the provision of law in these cases.

(F) If the child is found to be an habitual or chronic truant, the family court must enter an order making one or more of the following dispositions:

(1) refer the child for community-based evaluation;

(2) order the child to remain at home except during hours in which the child is attending religious worship or a school program, with the stipulation that the child may leave his home if accompanied by a parent or guardian;

(3) place the child on probation;

(4) commit the child to the residential program for status offenders at the Department of Juvenile Justice; or

(5) direct other reasonable action for the best interest of the child, including community service but excluding detention.

Before a child may be committed to the Department of Juvenile Justice's Reception and Evaluation Center or residential program for status offenders, the court shall consider whether all appropriate alternative services and programs available in the community have been exhausted. In sentencing the child, the court shall give preference to that penalty or combination of penalties that shows most promise of long-term improvement in the child's school attendance and achievement."

SECTION 26. The provisions of Sections 22, 23, 24, and 25 do not alter, amend, or repeal the provisions of Section 59-65-30 of the 1976 Code, relating to the exceptions to compulsory attendance laws or Section 59-65-40 relating to home schooling programs.

SECTION 27. Section 20-7-600 of the 1976 Code is amended by adding an appropriately lettered subsection to read:

"( ) If a child is found violating compulsory school attendance laws without reasonable justification, the child must be taken into custody by law enforcement for the purpose of transporting the child to school. The taking of a child into custody pursuant to this subsection must not be termed an arrest."

SECTION 28. The 1976 Code is amended by adding:

"Section 20-7-1351. In addition to the jurisdiction of the family court as provided in Article 5 of this chapter, the family court has jurisdiction to order parents of children identified as `in need of services or counseling to prevent violent behavior' to appear before the court, and upon finding that the child's behavior can be modified, the court may order an assessment of the family or family participation in treatment or services to improve the behavior. A parent may be held in contempt of court for failure to comply with this section. Parents may be ordered by the family court to participate in family counseling or in other programs or services. The court may hold a parent in contempt and fine or otherwise sanction a parent for failure to comply with an order of the court. However, a contempt citation applied against an individual family member must be applied only as a last resort and only may be applied if based upon noncompliance or noncooperation with the treatment, rehabilitative, or supervision services required by the court and then only until compliance with these requirements is obtained. Parents also may be referred to the Department of Juvenile Justice, the Department of Mental Health, the Continuum of Care for Emotionally Disturbed Children, the Department of Social Services, or any recognized volunteer organization, as appropriate, for family assessment, counseling, and service."

SECTION 29. Section 20-7-600(D) of the 1976 Code, as last amended by Act 571 of 1990, is further amended to read:

"(D) Peace officers' records of children must be kept separate from records of adults, must not be open to public inspection, and may be open to inspection only by governmental agencies authorized by the judge; however, the record of a child is open to public inspection if the record pertains to:

(1) a violent crime as defined in Section 16-1-60;

(2) a crime in which an illegal weapon was used;

(3) distribution or trafficking in unlawful drugs as defined in Title 44, Chapter 53, Article 3; or

(4) an alcohol related offense for which the penalty is more than one year."

SECTION 30. Section 20-7-600 of the 1976 Code, as last amended by Section 282, Act 181 of 1993, is further amended by adding an appropriately numbered subsection to read:

"( ) When a child is taken into custody by a law enforcement officer for an offense which would be a misdemeanor or felony if committed by an adult, not including traffic or wildlife violations over which courts other than the family court have concurrent jurisdiction as provided for in Section 20-7-410, the law enforcement officer also shall notify the principal of the school in which the child is enrolled of the nature of the offense. This information may be used by the principal for monitoring and supervisory purposes but otherwise must be kept confidential by the principal in the same manner required by Section 20-7-780."

SECTION 31. Section 20-7-770 of the 1976 Code, as last amended by Section 285, Act 181 of 1993, is further amended to read:

"Section 20-7-770. Notwithstanding the right of a person to petition the family court pursuant to Section 20-7-780 for the release of a person's record of juvenile adjudications, upon the request of the Attorney General or a circuit solicitor which is made pursuant to a current criminal investigation or prosecution, the Department of Juvenile Justice shall provide the requesting party with a copy of the juvenile criminal record of a person adjudicated as a juvenile for the commission of:

(1) a violent crime as defined in Section 16-1-60;

(2) a crime in which an illegal weapon was used;

(3) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or

(4) an alcohol related offense for which the penalty is more than one year. A person with a record for an adjudicated violent crime must have his juvenile criminal record maintained by the Department of Juvenile Justice for at least ten years after the date of the violent offense adjudication.

The Department of Juvenile Justice must maintain a juvenile's record for the same period that the Department of Corrections is required to maintain the record for offenses committed by an adult when the offense is one for which the record must be provided pursuant to this section."

SECTION 32. Section 20-7-780 of the 1976 Code, as last amended by Section 286, Act 181 of 1993, is further amended to read:

"Section 20-7-780. (A) The court shall make and keep records of all cases brought before it the court and shall devise and cause to be printed forms for social and legal records and other papers as may be required. The official juvenile records of the courts and the Department of Juvenile Justice are open to inspection only by consent of the judge to persons having a legitimate interest but always must be available to the legal counsel of the juvenile. All information obtained and social records prepared in the discharge of official duty by an employee of the court or Department of Juvenile Justice is confidential and must not be disclosed directly or indirectly to anyone, other than the judge or others entitled under this chapter to receive this information unless otherwise ordered by the judge. However, these records are open to inspection without the consent of the judge where the records:

(1) are necessary to defend against an action initiated by a juvenile.; or

(2) pertain to:

(a) a violent crime as defined in Section 16-1-60;

(b) a crime in which an illegal weapon was used;

(c) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or

(d) an alcohol-related offense for which the penalty is more than one year.

(B) The When a juvenile is charged with a violent crime as defined in Section 16-1-60 or with a crime in which an illegal weapon was used, the Department of Juvenile Justice, if requested, shall provide the victim of a violent the crime, as defined in Section 16-1-60, with the name and other basic descriptive information about the juvenile charged with the crime and with information about the juvenile justice system, and the status and disposition of the delinquency action, including hearing dates, times, and locations, and with information concerning services available to victims of juvenile crime. The name, identity, or picture of a child under fourteen years of age who is under the jurisdiction of the court, pursuant to this chapter, must not be made public by a newspaper, radio, or television station except as authorized by order of the court or if the juvenile is charged with:

(1) a violent crime as defined in Section 16-1-60;

(2) a crime in which an illegal weapon was used;

(3) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44;

(4) an alcohol-related offense for which the penalty is more than one year; or

(5) being a Peeping Tom as defined in Section 16-17-470. That treatment be mandated for persons convicted.

(C) A juvenile charged with committing a violent offense as defined in Section 16-1-60, or charged with committing grand larceny of a motor vehicle, may be fingerprinted by the law enforcement agency who takes the juvenile into custody if the juvenile is charged with:

(1) a violent crime as defined in Section 16-1-60;

(2) grand larceny of a motor vehicle;

(3) a crime in which an illegal weapon was used;

(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or

(5) an alcohol-related offense for which the penalty is more than one year.

(D) A juvenile charged with committing a nonviolent an offense other than those enumerated in subsection (C) or a status offense must may not be fingerprinted by law enforcement except upon order of a family court judge. The fingerprint records of a juvenile must may be kept separate from the fingerprint records of adults. The fingerprint records of a juvenile must may not be transmitted to the files of the State Law Enforcement Division or to the Federal Bureau of Investigation or otherwise distributed or provided to another law enforcement agency unless the juvenile is adjudicated delinquent for having committed:

(1) a violent offense, as defined in Section 16-1-60,; or

(2) grand larceny of a motor vehicle;

(3) a crime in which an illegal weapon was used;

(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or

(5) an alcohol-related offense for which the penalty is more than one year.

The fingerprint records of a juvenile who is not adjudicated delinquent for having committed (a) a violent offense, as defined in Section 16-1-60, or (b) grand larceny of a motor vehicle a crime enumerated in this subsection upon notification to law enforcement, must be destroyed or otherwise expunged by the law enforcement agency who took the juvenile into custody. The Department of Juvenile Justice may fingerprint and photograph a juvenile upon commitment to a juvenile correctional institution. Fingerprints and photographs taken by the Department of Juvenile Justice remain confidential and must may not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of aiding the department in apprehending an escapee from the department or assisting the Missing Persons Information Center in the location or identification of a missing or runaway child or except as otherwise provided for in this section."

SECTION 33. Section 20-7-1335 of the 1976 Code, as added by Act 108 of 1987, is amended to read:

"Section 20-7-1335. (A) A juvenile not previously adjudicated delinquent for committing an offense which would have been a crime if committed by an adult, who has been taken into custody, or charged with, or adjudicated delinquent for having committed a status offense or a nonviolent criminal offense, not prohibited in subsection (C) from being expunged, may petition the family court for an order destroying all official records relating to his being taken into custody, the charges filed against him, his the adjudication, and the disposition. The granting of the order is discretionary with the court. However, the court may not grant the order unless it finds that the person who is seeking to have his these records destroyed is at least eighteen years of age, has fully and successfully completed any dispositional sentence imposed upon him, and has neither been charged nor is not currently charged with committing any additional criminal offenses.

(B) For purposes of this section, an adjudication is considered a previous adjudication only if it occurred prior to before the date the subsequent offense was committed.

(C) Under no circumstances is a person allowed to expunge from his record an adjudication for having committed:

(1) a violent crime, as that term is defined in Section 16-1-60; (2) a crime in which an illegal weapon was used;

(3) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or

(4) an alcohol-related offense for which the penalty is more than one year unless the person is not more than twenty-five years of age and has not been adjudicated delinquent or convicted of an offense described in this subsection within the preceding six years.

(D) If the order is granted by the court, no evidence of the records may be retained by any a law enforcement agency or by any a municipal, county, or state agency or department. The effect of the order is to restore the person in the contemplation of the law to the status he the person occupied before he was being taken into custody. No person to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving false statement by reason of his the person's failure to recite or acknowledge the charge or adjudication in response to an inquiry made of him the person for any purpose."

SECTION 34. Section 20-7-3300 of the 1976 Code, as last amended by Section 328, Act 181 of 1993, is further amended to read:

"Section 20-7-3300. Records and information of the department pertaining to juveniles are confidential as provided in Section 20-7-780. However, where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the director must establish policies by which the department may transmit information and records to another department, or agency, or school district of state or local government, or to a school district or to a private institution or facility licensed by the State as a child serving organization, where the information is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. If requested, records a juvenile has been adjudicated and committed to the Department of Juvenile Justice for having committed:

(1) a violent crime as defined in Section 16-1-60;

(2) a crime in which an illegal weapon was used;

(3) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or

(4) an alcohol-related offense for which the penalty is more than one year, the record and information provided to a public or private school by the Department of Juvenile Justice must include in the case of an individual who has been adjudicated for having committed a violent crime, as defined in Section 16-1-60, the unlawful use of possession of a weapon, assault and battery of a high and aggravated nature, or the unlawful sale of drugs whether or not it is considered to be drug trafficking, a copy of, and, if requested, information pertaining to that person's juvenile criminal record. A request for The department must provide the information must be in writing from to the principal of the school the juvenile is attending or seeking to attend and must contain the juvenile's name, address, and social security number as contained in the records of the school district. If a juvenile has been adjudicated and committed to the Department of Juvenile Justice for such an offense enumerated in this section, the person's juvenile criminal record must be provided by the Department of Juvenile Justice to the principal of the school which the juvenile is eligible to attend immediately upon the person's release from the Department of Juvenile Justice. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as considered necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age."

SECTION 35. All references in this act to a violent crime as defined in Section 16-1-60 of the 1976 Code is the definition existing on this act's effective date or the definition as may be amended after this act's effective date.

SECTION 36. Section 17-22-60 of the 1976 Code, as last amended by Act 499 of 1992, is further amended to read:

"Section 17-22-60. (A) Intervention shall be is appropriate only where:

(1) The offender is seventeen years of age or older;

(2)(1) there is substantial likelihood that justice will be served if the offender is placed in an intervention program;

(3)(2) it is determined that the needs of the offender and the State can better be met outside the traditional criminal justice process;

(4)(3) it is apparent that the offender poses no threat to the community;

(5)(4) it appears that the offender is unlikely to be involved in further criminal activity;

(6)(5) the offender, in those cases where it is required, is likely to respond quickly to rehabilitative treatment;

(7)(6) the offender has no significant history of prior delinquency or criminal activity.;

(8)(7) The offender has not previously been accepted in a pretrial intervention program.

(B) When jurisdiction in a case involving a child sixteen years of age or older is acquired by the circuit court pursuant to Section 14-21-540 of the 1976 Code, the provision of item (1) of subsection (A) of this section shall not be applicable."

SECTION 37. This act takes effect on July 1, 1994, except the following take effect July 1, 1995:

(1) Section 5;

(2) Section 11;

(3) Section 13;

(4) Sections 59-66-20, 59-66-30, 59-66-50 and 59-66-60, as added to the 1976 Code by Section 14;

(5) Sections 22, 23, 24, 25, and 26;

(6) Sections 59-66-70(A), (B), (C), (D), (E), (F), (H), (I), and (J).